Court No. - 43
Case :- WRIT - A No. - 52600 of 2015 Petitioner :- Arun Kumar Yadav Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Vijay Gautam Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Heard Sri Vinod Kumar Mishra holding brief of Sri Vijay Gautam, learned counsel for the petitioner and learned Standing Counsel for the State authorities.
This petition is directed against an order dated 17.10.2014, whereby petitioner's application for grant of compassionate appointment consequent upon death of his brother in harness on 25.5.2009, has been rejected.
Petitioner's brother was selected as Constable in U.P. Police on 17.11.2006. The selection which contained about 18000 constables was cancelled on 11.9.2007. Number of writ petitions were filed challenging the orders in that regard which came to be allowed on 8.12.2008. The bunch of writ petitions also included a writ petition filed by petitioner's late brother. The matter was taken to the Apex Court by the State, but no relief was granted and ultimately the State Government has withdrawn the case. It is submitted that since order of cancelling selection was set aside and has otherwise attained finality the obvious consequence would be that petitioner's brother would be treated to have continued in service. Grievance is that petitioner's claim for grant of compassionate appointment has been rejected only on the ground that petitioner's brother was not in employment. It is submitted that this reason is fallacious and is wholly arbitrary.
A counter affidavit has been filed in which the stand taken by the respondents is sought to be justified.
I have heard learned counsel for the parties and perused the materials brought on record.
The action of respondents in cancelling selection including that of petitioner's brother was set at naught by this Court in bunch of writ petitions. The adjudication made by this Court on 8.12.2008 has ultimately attained finality. In that view of the matter it cannot be said that petitioner's brother was not in employment.
Learned counsel for the petitioner places reliance upon a judgment of this Court in Writ Petition No.37484 of 2013 (Vinay Yadav vs. State of U.P. and others), wherein a similar claim of unmarried brother consequent upon death of his brother in harness has been accepted. The judgment of this Court dated 8.7.2017 was not interfered with in Special Appeal No.17 of 2015. Submission is that petitioner cannot be extended an arbitrary treatment.
From the materials that have been brought on record it is apparent that claim of identical person for grant of compassionate appointment has been accepted by this Court and the judgment dated 8.7.2014 has also attained finality. For the reasons recorded therein and also for the reason that order cancelling selection which included petitioner's brother has already been set aside, the respondents would not be justified in denying petitioner's claim for grant of compassionate appointment only on the ground that petitioner's brother was no more in service.
Consequently, the order dated 17.10.2014 cannot be sustained and is hereby set aside. Matter stands remitted to the State Government to pass a fresh order, keeping in view the observations made above and in accordance with law, within a period of two months from the date of presentation of certified copy of this order.
Order Date :- 26.4.2019 Ashok Kr.